Collaborative Divorce

Roses are Red, Violets are Blue, I don’t want a nasty Divorce, what do I do?

The Divorce process doesn’t have to be nasty. There are many amicable options to deal with your Divorce and separation – the Collaborative Process is one of the options. The Collaborative Process is based on a shared commitment and agreement to seek a better way to resolve differences justly and equitably. It is based on […]

Read More...

Surviving the Holidays

The holiday season can look a lot different for kids who may be experiencing their first holiday season since their parents have recently separated or are having relationship difficulties. With so much focus on the “business” of Christmas and on the problems  parents are facing themselves, the fact that things are also changing for their […]

Read More...

I am going through a separation, why do I need to take the Parenting After Separation Course?

There are many good reasons to attend this course. First, it is free and a great opportunity to obtain some helpful legal and practical advice early in the separation process. Second, it helps parents to develop a parenting plan or arrangement and gives parents information and tools they need to work together as parents for […]

Read More...

I’m getting divorced. How can I prepare to move forward more positively?

Research shows there are three preconditions for positive change. First, something must motivate an individual to want to change. Second, a different relationship that creates psychological safety and empathy must exist (like with a divorce coach). Third, there must be optimal anxiety – the right amount of discomfort in the current situation to want to […]

Read More...

Who Keeps the Dog?

Are you going through a divorce or separation? Have you heard of the Collaborative Process? The Collaborative Process is a revolutionary way of dealing with separation and divorce and offers couples an effective and dignified alternative to the traditional court process for navigating through one of life’s most challenging and emotionally charged times. If you […]

Read More...

Are you separating or divorcing? Do you know your options?

Did you know that there are 6 Registered Collaborative Family Lawyers right here in St. Albert who are knowledgeable and specially trained to assist families moving through divorce? One of these lawyers’ superpowers is that they are skilled at working on settlement with clients and the other lawyer, rather than against them. Divorce is difficult […]

Read More...

I am recently separated. My spouse and I don’t want a nasty divorce. What can I do?

It’s important to think about the range of options available to you right off the bat. Most people are now aware that court does not have to be where to start. Mediation is an excellent option for those wanting facilitated communication while they negotiate. For those who want guidance around options for settlement and legal […]

Read More...

January is the start of divorce season – how can you help me get through my divorce?

Divorce is one of the most difficult transitions to make and it touches every aspect of your life. I have practiced family law since 2001 and became certified as a Registered Collaborative Family Lawyer in 2002 – and I have yet to see the same divorce twice. Each person’s journey is their own; my experience […]

Read More...

Should I do my own divorce?

The answer may well be why not? However, if you have young children, do not have clear or consistent annual incomes, need assistance to determine spousal support, or were married outside of Canada, consider consulting with a lawyer before beginning the process to find out the best way to proceed. If there is a chance […]

Read More...

I want to get divorced and I have 2 young children. My lawyer is asking me for my Tax Returns. Do I have to provide them?

If you have children entitled to support, both you and your spouse will have to disclose your incomes to determine the child support obligations. Your current income and your  sources of income must be supplied to the Court. This information will be held in the  confidence by your lawyer and your spouse’s lawyer. You cannot […]

Read More...

What really are the differences between choosing to resolve separation questions outside of the court system using the Collaborative Process?

There are a lot of reasons why so many people are choosing to resolve matters arising on separation outside of the court system. Some of the big ones include: a) privacy – many personal and financial details can otherwise become part of the filed documents; b) creativity – working together offers many more options regarding […]

Read More...

What can I expect at an initial consultation?

Consultations with a lawyer serve many purposes. It is an important way to learn more about the options for resolution available to you and lawyers have a statutory responsibility to advise you of those different process options. A consultation is also an opportunity to see if you will be a good fit to work together […]

Read More...

It’s been one year since the new Family Property Act became effective in Alberta – so what?

On January 1, 2020, Alberta overhauled the law dealing with dividing property on separation for adult interdependent partners, or common-law couples. While some things are still being sorted out, unmarried couples in separation are now subject to a legislated scheme dividing their property that is very similar to that governing married couples. Couples are still […]

Read More...

January is International Child-Centred Divorce Month

A child psychologist wisely said that “children are like wet cement.  Everything that falls on them leaves an impression.” This reminds us that while a divorce is an ending of a marriage between two adults, it is not the end of the family relationship, nor is it possible for children to be unaffected. Divorce, like […]

Read More...

My spouse and I have separated and are in agreement on how we will deal with our assets and cash flow. Should I go ahead and put an offer on a new home?

We often receive calls from people in a time crunch: they have separated, agreed on a resolution, and placed an offer on a new home – only to learn from their bank that a new mortgage is not possible until a formal separation agreement is in place. Even if you and your ex-spouse agree on […]

Read More...

Can my legal matters be dealt with now that our Courts have restricted access during COVID-19?

Social distancing requirements have also affected our court system and only those matters which are very urgent are currently being heard. However, many services continue to be available, like filing Consent Orders and desk applications for divorces, grants of probate and represented adult orders.  In addition, our office remains open and available to assist people […]

Read More...

What is sole custody and what is shared parenting?

In making a parenting plan, consider two things: how will the authority to make parenting decisions be shared and how will the children spend time with each parent? Sole custody is rare and refers to one parent having sole authority to make major decisions. Joint custody, the more common scenario, means both parents share that […]

Read More...

Do spousal support obligations continue after the recipient dies?

If the Divorce Judgment or separation agreement provides for the termination of spousal support after the death of the recipient, then the spousal support may end. But where the spousal support agreement provides that payments are to a specified date, are unreviewable and enure to the benefit of one’s estate, then the payor may be […]

Read More...

How is property divided in a divorce?

There is a presumption that all property accumulated during a marriage, whether in sole or joint names, is divisible on divorce.  However, as is so often the case, there are exceptions, including for property owned before marriage or received by gift or inheritance during the relationship. When property that is otherwise exempt from division is […]

Read More...

How does independent legal advice (“ILA”) work and what does it cost?

ILA is more than a lawyer witnessing your signature; it’s necessary to meet the legal requirements for a valid agreement when couples are separating, divorcing, or starting out. Your lawyer will review your agreement and your situation with you, ask how the agreement was negotiated, and review what financial information was exchanged. Your lawyer will […]

Read More...

What can I expect at an initial consultation with a lawyer?

This first meeting with a lawyer is an opportunity to do several things.  It allows you to: assess whether you and the lawyer are compatible to work together; learn about the different options and resources available to you to address your legal matter; obtain general legal advice; and create a plan for moving forward. A […]

Read More...

My divorce is simple. Can I do it by myself?

If you and your spouse have equal incomes, no children and no property to divide, with some time and patience you can do it yourself. If otherwise, there are most likely issues that are legally and financially complicated. There will be issues that you didn’t even know you have to resolve. As the saying goes […]

Read More...

My spouse and I have made a Separation Agreement. Do we need to file the written agreement with the Court for it to be binding?

No. An agreement is binding provided that it was entered into voluntarily, with a full exchange of financial information and with independent legal advice. Having said that, agreements often contain clauses dealing with matters that must be put before the Court in order to finalize a divorce, such as matters dealing with the support and […]

Read More...

Ask an Expert: What really are the differences between using the collaborative process rather than going to court?

There are a lot of reasons why so many people are choosing to resolve matters arising on separation outside of the court system. Some of the big ones include: 1. Confidentiality. Many personal and financial details can otherwise become part of the filed documents. 2. Creativity. Working together offers many more options regarding how to […]

Read More...

Ask an Expert: How can I not win and still be successful in my divorce?

Ending a marriage is one of the most difficult things someone can face. It can throw a couple into turmoil, often bringing the whole family into chaos—at least for a time. Divorcing couples can be defensive, protective, and feel pressure to “best” the other spouse in negotiations, especially if entering into our adversarial court system, […]

Read More...

Ask an Expert: I’m getting divorced. How can I prepare myself to move forward more positively?

Research shows there are three preconditions for positive change. First, something must motivate an individual to want to change. Second, a different relationship that provides psychological safety, empathy, and attunement must exist (like with a divorce coach). Third, there must be optimal anxiety—just the right amount of discomfort in the present to want to move […]

Read More...

Ask an Expert: Focus on children at Christmas.

Recently, when discussing plans for Christmas with my family, we talked about how kids may experience the holidays when their parents have recently separated or are having relationship difficulties, which can be heightened over the holidays. With so much focus on the “business” of Christmas and on the problems parents are facing themselves, the fact […]

Read More...

Ask an Expert: When divorcing, do you really want a pit bull/barracuda lawyer?

Depending on the circumstances, a strongly aggressive approach in family matters can bring results—though you will not control the nature of those results—and there is a huge cost to families. Sometimes a perceived need to win or to see justice be done can overcome the ability to appreciate the long term effects of a court […]

Read More...

Ask an Expert: I am recently separated. My spouse and I don’t want a nasty divorce. What can I do?

It’s important to think about the range of options available to you right off the bat. Most people are now aware that court does not have to be where to start. Mediation is an excellent option for those wanting facilitated communication. For those who want guidance around options for settlement and legal information as they […]

Read More...

Ask an Expert: What is a Collaborative Divorce?

Collaborative Divorce is a respectful process for resolving conflict, with the help of specially trained lawyers and other professionals, without going to court. Each spouse is represented by his or her own lawyer from start to finish, with the additional support of helping and financial professionals as required. The spouses and professionals work cooperatively to […]

Read More...

Ask an Expert: How can the Collaborative Process work if my spouse and I don’t agree or trust each other?

Many people believe that the Collaborative Process works only for those who are amicable and who agree on almost all issues. In fact, this process is ideal for those cases where communication has broken down, where trust is low and where many issues remain to be resolved. Coming to agreement when people look at things […]

Read More...